Art. 99. Written reports on procurement procedures

1. For every contract or framework agreement equaling or exceeding the thresholds set out in Article 35 and every time a dynamic purchasing system is established, a contracting station shall draw up a written report which shall include at least the following:

a) the name and address of the contracting station, the subject-matter and value of the contract, framework agreement or dynamic purchasing system;

b) where applicable, the results of the qualitative selection and/or reduction of numbers pursuant to Articles 91 and 92, namely:

1) the names of the selected candidates or tenderers and the reasons for their selection;

2) the names of the candidates or tenderers rejected and the reasons for their rejection;

c) the reasons for the rejection of tenders found to be abnormally low;

d) the name of the successful tenderer and the reasons why its tender was selected and, where known, the share of the contract or framework agreement which the successful tenderer intends to subcontract to third parties; and, where known at the time of drawing out the report, the names of the main contractor’s subcontractors, if any;

e) for competitive procedures with negotiations and competitive dialogues, the circumstances as laid down in Article 59 which justify the use of those procedures;

f) for negotiated procedures without prior publication of a contract notice, the circumstances referred to in Article 63 which justify the use of those procedures;

g) where applicable, the reasons why the contracting authority has decided not to award a contract, conclude a framework agreement or establish a dynamic purchasing system;

h) where applicable, the reasons why other means of communication than electronic means have been used for the submission of tenders;

2. The report referred to in paragraph 1 is not required for contracts based on framework agreements concluded with a single economic operator and awarded within the limits of the conditions set out in the framework agreement, or if the framework agreement contains all the terms governing the performance of the works, services and supplies in question as well as the objective conditions for determining which of the economic operators involved in the framework agreement will carry out this service.

3. Where the contract award notice established pursuant to Article 98 or Article 142, paragraph 3, contains the information required in paragraph 1, the contracting authorities may refer to such notice.

4. Contracting authorities shall document the progress of all award procedures, regardless of whether they are conducted electronically or not. Ensure the maintenance of sufficient documentation to justify decisions taken at all stages of the procurement procedure, such as documentation relating to communications with economic operators and internal deliberations, preparation of tender documents, dialogue or negotiation if envisaged, selection and award of the contract. The documentation is kept for at least five years starting from the date of the award of the contract, or, in the event of a dispute pending, until the relevant sentence is passed.

5. The report or its main elements shall be communicated to the Control Room referred to in Article 212 for subsequent communication to the European Commission, the competent authorities, bodies or structures, when such report is requested.